Reopen Divorce

[Dietz100]

I did not know after a marriage of 34 years that I was entitled to half of my ex's federal retirement. My divorce was finalized in 2005. There was abuse of myself and my children. How can I go about re-opening my case? I get $800.00 per month and have no employment. I am 58 years old and have been job hunting for the past year. If there is anything I can do to obtain 1/2 of his federal retirement, please let me know.

Thank you, What is the name of your state (only U.S. law)? The state in which the divorce was finalized is Florida. I now reside in Arizona

 

[Zigner]

You don't get to reopen the case based on your ignorance over 8 years ago.

 

[single317dad]

The reasoning was explained pretty well in McSherry:

A property distribution in cases of divorce and separation creates vested rights upon which the parties are entitled to rely in starting and planning a new and different life. It is, in effect, an assignment of assets, however modest or extensive, reflective of the efforts of the parties and the considered judgment of the equity court in arriving at a degree of parity called fairness. Such judgments are made, as are judgments in the business world generally, upon reflection of the prevailing economic climate as well as the vicissitudes of economic times. Although, in appropriate cases, non-economic considerations may come into play . . . the great weight of considerations in most cases is economic. For this reason, in marital cases, as in the business world, modification of interests thought to be vested is not permitted

McSherry v. McSherry, 135 N.H. 451, 606 A.2d 311, 313 (1992)

 

[Bali Hai]

I did not know after a marriage of 34 years that I was entitled to half of my ex's federal retirement. My divorce was finalized in 2005. There was abuse of myself and my children. How can I go about re-opening my case? I get $800.00 per month and have no employment. I am 58 years old and have been job hunting for the past year. If there is anything I can do to obtain 1/2 of his federal retirement, please let me know.

Thank you, What is the name of your state (only U.S. law)? The state in which the divorce was finalized is Florida. I now reside in Arizona

If your ex qualifies for Social Security Retirement benefits, you may be eligible for some of those benefits at age 62.

http://www.ssa.gov/